Pioneer Industrial Railway (PIRY) is appealing the Surface Transportation Board’s (STB) December 22, 2005, decision to allow the Central Illinois Railroad Company (CIRY) to discontinue service over the Kellar Branch. That ruling was to take effect January 22, 2006. Pioneer filed its appeal on January 12 in the U. S. Court of Appeals for the D.C. Circuit.

It’s getting hard to keep up with all the legal action taking place. Pioneer still asserts that its contract with the city to provide service on the Kellar Branch is still in force — they have litigation in state court to decide that issue. Then there are two actions they’re taking with the STB — first, they’re requesting a stay to keep the STB’s Dec. 22 decision from taking effect on Jan. 22. Second, they’re appealing the STB’s decision to the U. S. Appeals Court.

Pioneer has been trying to delay the city’s plans to turn the Kellar Branch into a trail for quite a while now. What’s different this time is they have a new ally of sorts. Up until now, Carver Lumber has not objected to the city’s plans to take out the branch and provide alternative rail service from the Union Pacific line to the west. But now they’ve broken their neutral stance because of numerous broken promises from the city, including their failure to continue providing rail service over the Kellar Branch until the new western spur is built.

Since the STB’s decision was largely based on the belief that no businesses on the rail line would be harmed if the Kellar Branch were closed down, Carver’s filing with the STB changes the complexion of the case.

In any event, the Park District and other trail enthusiasts had better not count on deconstructing the Kellar Branch rail line any time soon.